Sacto 911

Covering crime, police and courts in the Sacramento region

Mendocino County prosecutor arrested in October shooting in Sacramento

02/04/2014 5:40 PM

02/04/2014 5:42 PM

Sacramento County District Attorney Jan Scully announced today that a Mendocino County prosecutor who shot a pedestrian during a fight in Sacramento in October has been arrested on misdemeanor counts of carrying a loaded firearm in public and carrying a concealed weapon.

Damon Gardner, 39, was on leave with the Mendocino County District Attorney’s Office at the time of the incident, according to a Sacramento County District Attorney’s Office news release.

About 12:24 a.m. Oct. 17, Gardner got in an argument with a pedestrian near 15th and L streets. The argument escalated into a physical fight, during which Gardner punched the pedestrian in the face with a closed fist, officials said.

The pedestrian and a friend retaliated, forcing Gardner to the ground in a fetal position. A witness reported seeing the pedestrian get on top of Gardner and punch him in the midsection, while his friend repeatedly kicked Gardner’s head like is was a “soccer ball,” according the news release.

Gardner retrieved his .38 caliber handgun from his back pocket while lying on the ground and fired one shot at the pedestrian in self-defense, officials said.

The pedestrian suffered a non-life-threatening gunshot wound. Gardner suffered a fractured nose, as well as bruises to his eyes, head and ribs.

Gardner allegedly had consumed alcoholic beverages at local restaurants and bars beginning at 5:30 p.m. and was under the influence when the fight occurred. Those acts, according to the DA’s office, violated the terms and conditions of Gardner’s permit to carry a concealed weapon, which was issued from Mendocino County in November 2012.

Each count carries a possible penalty of up to one year in county jail and a fine of up to $1,000.

Sacto 911 Staff

Bill Lindelof
blindelof@sacbee.com
@Lindelofnews

Cathy Locke
clocke@sacbee.com

Marissa Lang
mlang@sacbee.com
@Marissa_Jae

Darrell Smith
Superior Court
dvsmith@sacbee.com
@dvaughnsmith

Denny Walsh
Federal Court
dwalsh@sacbee.com

More Sacto 911

Crimemapper

Send news tips

Sign up for breaking news alerts

Arrest Logs

Crime Q&A

Sacramento Bee reporter Cathy Locke answers your questions about crime news, trends and issues. Look up specific cases using Arrest Logs and Sacramento Superior Courts case database.

Submit your question

 

Join the Discussion

The Sacramento Bee is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Terms of Service